Darjeeling Gorkha Hill Council

Darjeeling Gorkha Hill Council
Darjeeling Gorkha Hill Council
—  territorial council  —
Location of Darjeeling Gorkha Hill Council in India
Coordinates 27°02′N 88°10′E / 27.03°N 88.16°E / 27.03; 88.16Coordinates: 27°02′N 88°10′E / 27.03°N 88.16°E / 27.03; 88.16
Country India
State West Bengal
Established 1988
Capital Darjeeling
Time zone IST (UTC+05:30)

Darjeeling Gorkha Hill Council (DGHC) (Nepali: दार्जीलिङ गोर्खा पार्वतीय परिषद), also once known for a short period of time as Darjeeling Gorkha Autonomous Hill Council (DGAHC), is a semi-autonomous body that looks after the administration of the Darjeeling District in the state of West Bengal, India. DGHC has three subdivisions under its authority: Darjeeling, Kalimpong, and Kurseong and some areas of Siliguri subdivision.

Contents

Formation

Darjeeling Gorkha Hill Council was the result of the signing of the Darjeeling Gorkha Hill Council Agreement between the Central Government of India, the West Bengal Government and the Gorkha National Liberation Front in Kolkata on August 22, 1988. The ceremony took place at the Banquet Hall, Raj Bhavan (The Governor's Palace) at 10 A.M. The signatories to this tripartite agreement were: C.G. Somaih, Union Home Secretary (on the behalf of the Central Government of India), R.N. Sengupta, the State Chief Secretary (on the behalf of the Government of West Bengal) and Subhash Ghisingh (on the behalf of Gorkha National Liberation Front as the representative of the people of Darjeeling District).

The Union Home Minister, Buta Singh, and the West Bengal Chief Minister, Jyoti Basu, also put their signatures on the agreement.

Text of the Memorandum of Settlement

The Memorandum of Settlement laying down the salient features of the Hill Council states: "In the overall national interest and in response to Prime Minister Rajiv Gandhi's call, the GNLF agreed to drop the demand for a separate State of Gorkhaland. For the social, economic, educational and cultural advancement of the people residing in the Hill areas of Darjeeling district, it was agreed to have an autonomous Hill Council to be set up under a State Act".

The salient features of the Hill Council would be as follows:

(i) The name of the Council will be DARJEELING GORKHA HILL COUNCIL

(ii) The Council will cover the three hill sub-divisions of Darjeeling district, namely, Darjeeling, Kalimpong and Kurseong, plus the Mouzas of Lohagarh Tea Garden, Lohagarh Forest, Rangmohan, Barachenga, Panighatta, Choto Adalpur, Paharu, Sukna Forest, Sukna Part-I, Pantapati Forest-I, Mahanadi Forest, Champasari Forest and Salbari Chatt Part II within Siliguri subdivision.

(iii) The State Government agrees to lease to the Council after it is formed, or acquire for it the use of such land as may be required and necessary for administrative and developmental purposes, anywhere in the State and in particular in or around 'Darjeeling More' in Siliguri subdivision.

(iv) The Council shall exercise general powers of supervision over Panchayat Samities, Gram Panchayats and Municipalities falling within the area of the Council's jurisdiction.

(v) The General Council will have a total of 42 Members out of which 28 will be elected and the rest nominated by the State Government.

(vi) There will be an Executive Council and the Chairman and Vice-Chairman of the General Council will be ex-officio members of the Executive Council with the Chairman of the General Council functioning as the Chief Executive Councillor. The Chief Executive Councillor will nominate 5 members to the Executive Council from out of the elected members of the Council and the State Government will nominate 2 members of the Council and the State Government will nominate 2 members to the Executive Council from out of the non-official nominated members of the General Council.

(vii) The Chairman of the General Council-cum-Chief Executive Councillor will have the ex-officio status and privileges of a Minister in the Council of Ministers in the State.

(viii) The Bill for setting up the Hill Council will be introduced and passed in a special session of the State Legislature which has been summoned. The election to the Hill Council will be held by the 15th December 1988.

Executive Powers of the Council

The Executive Powers of the Council will cover the following subjects, subject to the provisions of the Central and State Laws:

(i) The allotment, occupation or use, or setting apart, of land other than any land which is a reserved forest, for the purpose of agriculture or grazing, or for residential or other non-agriculatural purposes, or for any other purpose likely to promote the interest of the inhabitants of any village, locality or town;

(ii) The management of any forest, not being a reserved forest;

(iii) The use of any canal or watercourse for the purpose of agriculture;

(iv) Agriculture;

(v) Public health and sanitation, hospitals and dispensaries;

(vi) Tourism;

(vii) Vocational training;

(viii) Public works - Development and planning;

(ix) Construction and maintenance of all roads except national highways and state highways;

(x) Transport and development of transport;

(xi) Management of burials and burial grounds, cremation and cremation grounds;

(xii) Preservation, protection and improvement of livestock and prevention of animal diseass, veterinary training and practice.

Restoration of Normalcy

  1. Review of pending criminal cases: It is agreed that a review will be done by the State Government of all the cases registered under various laws against persons involved in the GNLF agitation. Action will be taken, in the light of the review, not to proceed with prosecution in all cases except those charged with murder. Release of persons in custody will follow the withdrawal of cases. This review will be completed within 15 days of signing of this agreement.
  2. Action against Government servants: The State Government agreed to withdraw all cases of disciplinary action taken against employees in the context of the agitation. There would be no victimisation of Government servants.
  3. The GNLF agrees to issue a call to its cadre for the surrender of all unauthorised arms to the district administration. It will be made clear in the call that such surrenders made voluntarily within the prescribed date will not attract any prosecution.

DGHC terms

The DGHC was administered from 1988 to 2005 for three successive terms by the GNLF with Subhash Ghisingh as the Chairman. The fourth DGHC elections were due in 2005. However, the government decided not to hold elections and instead made Subhash Ghisingh the sole caretaker administrator of the DGHC.[1] In March 2008, Ghisingh was forced to resign as caretaker after losing public support in the Darjeeling hills to Bimal Gurung-led Gorkha Janmukti Morcha.[2] From March 2008, the West Bengal government has appointed IAS officers as the administrators of DGHC and no elections to this council has been held.[3]

Gorkhaland Territorial Administration

The Gorkhaland Territorial Administration (GTA) will replace the DGHC after it comes into existence. The Gorkha Janmukti Morcha signed a tripartite agreement with the state and central governments on 18 July 2011 for the formation of the GTA in the Darjeeling hills.[4] Until the GTA is formed, the DGHC would continue in the Darjeeling hills with a Board of Administrators composed of the three MLAs from Darjeeling constituency, Kurseong constituency and Kalimpong constituency, the Darjeeling District Magistrate, and the DGHC Administrator.[5]

References

  1. ^ Differences over Gorkha Hill Council The Hindu, Sunday, Feb 27, 2005
  2. ^ Ghisingh quits DGHC hill districts celebrate IndianExpress.com
  3. ^ New DGHC administrator to take charge on March 2011 - Zeenews
  4. ^ Paul, Shutapa (8 June 2011). "Darjeeling Issue Solved: Mamata". The New Indian Express. http://expressbuzz.com/nation/darjeeling-issue-solved-mamata/282219.html. Retrieved 19 September 2011. 
  5. ^ "Memorandum of Agreement". Press Information Bureau. Government of India. http://pib.nic.in/archieve/others/2011/aug/d2011081101.pdf. Retrieved 19 September 2011. 

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